UNION OF INDIA Vs. CHANDRAMANISHI KUMAR

JUDGEMENT

(1.) Heard Mr. S.C. Keyal, learned Assistant Solicitor General of India, appearing for the petitioners.

(2.) Challenge in this writ petition under Article 226 of the Constitution of India is to an order dated 09.01.2018 passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench in O.A. No.040/00242/2016, whereby the learned Tribunal set aside the orders dated 005.2016 and 31.05.2016, seeking to recover a sum of Rs. 98,739/- (Rupees Ninety Eight Thousand Seven Hundred Thirty Nine) from the respondent No.1.

(3.) The case projected by the respondent No.1/applicant in the Original Application is that he was appointed as a Lower Division Clerk (LDC) on 106.1997 in the Department of Commerce (Supply Division), Directorate General of Supplies & Disposals, Ministry of Commerce & Industry. He was selected as Upper Division Clerk (UDC) against the vacancy that occurred in the year 200 The respondent No.1 was selected in the Combined Graduate Level Examination, 2011 conducted by the Staff Selection Commission (SSC) and accordingly, to join in the post of Assistant Enforcement Officer under the Ministry of Finance, Department of Revenue, Government of India, he submitted his technical resignation on 16.12.2012. Subsequently, he was promoted to the post of Enforcement Officer with effect from 01.04.2016.